INDRA NARAYAN MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) IN this writ petition, the petitioner has prayed for quashing the order dated 23.5.1995 issued by the Director, Secondary, Primary and Audit Education, Bihar by which he has held that there is no ground to cancel or modify the earlier order dated 25.9.1991 whereby the respondent No. 4 has been declared senior to the petitioner and further prayed for quashing the letter dated 22.6.1995 issued by the District Education Officer, Singhbhum at Jamshed -pur by which he has directed recovery of excess salary of Selection Grade teacher paid to the petitioner because of his illegal promotion to the Selection Grade,

(3.) FACTS of the case, in short, is that the petitioner was appointed as Assistant Teacher by the Managing Committee of Bharat Sevashram Sangha Pranavananda Vidya Mandir, High School, Sonari, Jam -shedpur on 2.1.1975. The said school was unrecognized school. The Managing Committee was given permission for establishment of the school vide order dated 8.1.1975. Thereafter, vide order dated 20.12.1975 the school was accorded recognition. In 1978, the school was declared as a linguistic minority school. In 1976, respondent No. 4 was appointed as a teacher on 23.11.1976. In 1985, two posts of Selection Grade teachers were sanctioned for the said school. The Managing Committee vide resolution decided to give Selection Grade scale to the petitioner and accordingly the petitioner was promoted to the post of Selection Grade. However, the said decision was disapproved by the Director, Secondary Education vide letter dated 25.9.1991 and the grant of Selection Grade to the petitioner was cancelled and in his place one Ashok Kumar Singh, respondent No. 4, was given Selection Grade on the ground of his seniority over the petitioner. It was further directed that excess salary paid to the petitioner be recovered from him.